Land covenants

An issue that sometimes arises in the context of a subdivision plan is the question of consent requirements for the extinguishment of land covenants, where affected allotments are to vest as road or reserve, upon the deposit of plans for subsequent stages of the subdivision.

Land covenants are noted on the register by LINZ pursuant to sections 307 and 307F of the Property Law Act 2007 (PLA) and section 116 of the Land Transfer Act 2017 (LTA).

The Commerce Commission New Zealand provides authoritative information on anti-competitive land covenants, including how to assess whether a land covenant is in breach of section 28.